Terms of Service

1. Acceptance of Terms

By accessing or using the Services, creating an account (including an athlete or coach account), creating a profile, uploading content (including videos), sending messages, or purchasing a subscription, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.

2. Definitions

• “Company,” “ProZpects,” “we,” “us” means ProZpects Recruiting Solutions LLC.
• “Services” means our websites, mobile or web applications, recruiting platform, profiles, video hosting, messaging, SMS communications, and related services.
• “User” means any athlete, parent/guardian, coach or institution representative, enterprise user, or other person who accesses or uses the Services.
• “Content” means any text, images, video, audio, messages, profile information, statistics, academic information, and other materials submitted or made available through the Services.

3. Platform Purpose and Intended Use

ProZpects provides a sports recruiting technology platform designed to assist student-athletes in gaining exposure and facilitating lawful recruiting-related communication with college coaches and athletic programs. The Services are intended solely for lawful recruiting-related purposes. ProZpects does not guarantee scholarships, roster placement, recruitment outcomes, or coach responses.

4. Eligibility; Minors; Parental Consent

• The Services are intended for individuals who are at least thirteen (13) years of age.
• If you are between thirteen (13) and eighteen (18) years old (or the age of majority in your jurisdiction), you may use the Services only with the involvement and consent of a parent or legal guardian.
• By allowing a minor to create or use an account, the parent/legal guardian represents and warrants that they have legal authority to bind the minor to these Terms and agrees to be bound by these Terms on behalf of the minor.
• The parent/legal guardian agrees to be financially responsible for all fees, charges, and activity conducted under the minor’s account.
• To the maximum extent permitted by law, the parent/legal guardian agrees that the minor may not disaffirm, void, rescind, or otherwise challenge the enforceability of these Terms, including the dispute resolution provisions and limitations of liability.
• Children under thirteen (13) may not use the Services without verifiable parental consent consistent with COPPA. If we become aware of unauthorized collection from a child under 13, we will delete such information.

5. Coach Accounts

• Coach accounts are available only to verified college/university and authorized athletic program representatives (“Coaches”).
• Coaches may use the Services only for lawful recruiting, athlete evaluation, and recruiting-related communication.
• Coaches may not scrape, harvest, resell, redistribute, or otherwise misuse athlete data or contact information, or use the Services for non-recruiting solicitations.
• Coaches are solely responsible for compliance with NCAA, NAIA, NJCAA, conference, and institutional rules and policies.

6. Account Registration and Security

• You agree to provide accurate, current information and keep it updated.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
• Notify us promptly of any suspected unauthorized access or security incident.

7. Athlete Profiles; Accuracy; Permissions

• Athlete profiles may include athletic metrics, academic information voluntarily submitted, highlight videos, and recruiting preferences.
• You represent and warrant that all information you submit is accurate, current, and not misleading.
• You represent you have all necessary rights and permissions to upload Content, including permissions from any individuals appearing in videos and any required parent/guardian permissions for minors.

8. User Content; License Grant

• You retain ownership of Content you submit, subject to the licenses granted below.
• By submitting Content, you grant ProZpects a worldwide, irrevocable, perpetual, transferable, sublicensable, royalty-free license to host, store, reproduce, distribute, publicly display, publicly perform, and promote your Content; and to modify Content solely for formatting or technical purposes; in each case in connection with operating, improving, marketing, and promoting the Services and ProZpects’ business.
• We may remove, edit, restrict, or refuse to display Content at any time in our sole discretion.

9. Messaging System

• The Services include messaging tools intended for recruiting-related communication between athletes/parents and Coaches.
• You agree not to use messaging to harass, threaten, exploit, solicit unrelated commercial services, engage in inappropriate communications, or attempt improper contact with minors.

10. Monitoring, Moderation, and Safety; No Duty to Monitor

• ProZpects reserves the right, but has no obligation, to monitor, review, screen, record, store, remove, edit, disclose, or report any Content or communications (including private messages) for safety, compliance, legal obligations, platform integrity, and enforcement of these Terms.
• The exercise or non-exercise of such rights does not create any duty of care, agency relationship, or liability for user conduct.
• Report violations or safety concerns to support@prozpects.com or legal@prozpects.com.

11. Code of Conduct; Acceptable Use

• You will act professionally, respectfully, and honestly.
• You will not: violate law; infringe rights; impersonate others; upload malware; attempt unauthorized access; interfere with platform operations; scrape/harvest data; manipulate metrics or rankings; or use the Services for unrelated solicitations.
• We may suspend or terminate accounts at any time, with or without notice, in our sole discretion.

12. Anti-Circumvention

• You may not circumvent the platform to avoid fees or bypass communications systems, including by extracting contact information for off-platform solicitation.
• You may not use information obtained through the Services to provide competing or commercial services unrelated to recruiting.
• Violations may result in termination and we may seek injunctive relief and damages.

13. NCAA/NAIA/NJCAA and Other Governing Body Compliance

• Recruiting communications may be subject to NCAA, NAIA, NJCAA, conference, and institutional rules.
• ProZpects does not provide legal advice, does not control recruiting calendars, and does not guarantee compliance. Users are solely responsible for compliance.

14. FERPA Positioning

• ProZpects is not an educational institution and does not act as a school official under FERPA.
• Any academic information shared through the Services is voluntarily provided by users. Users are responsible for ensuring sharing complies with FERPA and other applicable laws.

15. Subscriptions, Fees, Auto-Renewal, and Cancellation

• Subscriptions may be offered monthly or annually and may renew automatically unless canceled before the renewal date.
• By subscribing, you authorize us (and our payment processors) to charge your payment method on a recurring basis.
• Fees are non-refundable except as required by law or as expressly stated at checkout.
• You are responsible for applicable taxes and third-party charges, including carrier charges for SMS.

16. SMS Terms

• By providing your mobile number and opting into SMS, you consent to receive recurring automated marketing and transactional messages (e.g., via Twilio).
• Message frequency varies. Message and data rates may apply.
• Reply STOP to opt out; reply HELP for help. Consent is not a condition of purchase.

17. Electronic Communications & E-SIGN Consent

• You consent to receive agreements, disclosures, notices, and communications electronically in accordance with the E-SIGN Act.
• Parents/guardians consent to electronic records and signatures on behalf of minors where legally permitted.
• You may withdraw consent by contacting legal@prozpects.com. Withdrawal may result in termination of access to certain Services.
• You must have access to a device with internet connectivity and a current web browser capable of viewing web pages or PDF documents.

18. Intellectual Property

• The Services (including software, design, trademarks, logos, and proprietary content) are owned by ProZpects or its licensors.
• Except for the limited rights expressly granted, no rights are granted to you.

19. Platform Data Ownership

• ProZpects exclusively owns platform-generated analytics, aggregated or de-identified data, usage metrics, derivative insights, benchmarking outputs, and system-level data.
• You retain ownership only of the original Content you submit, subject to the license granted to ProZpects.

20. Enterprise Clients; Data Processing Addendum

• Enterprise clients may enter into a separate Data Processing Addendum (“DPA”) with ProZpects governing processing roles, security measures, subprocessors, assistance with data subject requests, breach notification, and deletion/return at termination.
• If a DPA conflicts with these Terms regarding processing of enterprise client data, the DPA will control.

21. Digital Millennium Copyright Act (DMCA) Policy

• ProZpects respects the intellectual property rights of others and expects users to do the same.
• DMCA Agent: ProZpects Recruiting Solutions LLC, Attn: DMCA Agent, Legal Department, 1230 North State Parkway, Suite 9B, Chicago, IL 60620. Email: dmca@prozpects.com.
• To submit a DMCA notice of claimed infringement, provide: (a) your signature; (b) identification of the copyrighted work; (c) identification and location of the allegedly infringing material; (d) your contact information; (e) a good-faith belief statement; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.
• Counter-notice: If you believe content was removed in error, provide: (a) your signature; (b) identification of removed material and prior location; (c) a statement under penalty of perjury that removal was a mistake; (d) your contact info; (e) consent to jurisdiction of federal court in your district (or Northern District of Illinois if outside the U.S.); and (f) acceptance of service of process.
• Repeat infringers: ProZpects may terminate accounts of users who are repeat infringers in appropriate circumstances.
• Misrepresentation: Knowingly materially misrepresenting that material is infringing may result in liability under 17 U.S.C. § 512(f).

22. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROZPECTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

23. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROZPECTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING EMOTIONAL DISTRESS, LOSS OF SCHOLARSHIP OPPORTUNITY, LOSS OF ATHLETIC PLACEMENT, LOST PROFITS, LOST DATA, REPUTATIONAL HARM, OR REGULATORY PENALTIES INCURRED BY USERS.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROZPECTS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) $500 OR (B) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

24. Indemnification

• You agree to indemnify, defend, and hold harmless ProZpects and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
• (a) your Content; (b) your use of messaging; (c) your violation of these Terms; (d) your violation of laws or governing-body rules; (e) circumvention or scraping; (f) misuse of data; (g) infringement or misappropriation of third-party rights; or (h) unlawful conduct.

25. Mandatory Pre-Arbitration Resolution and Confidential Mediation

• Before initiating arbitration, send written notice describing the dispute and requested relief to: ProZpects Recruiting Solutions LLC, Legal Department, 1230 North State Parkway, Suite 9B, Chicago, IL 60620.
• The parties must engage in a forty-five (45) day good-faith informal resolution period.
• If unresolved, the parties must participate in confidential mediation with a mutually agreed mediator before filing arbitration. No arbitration may be filed until mediation concludes.

26. Binding Arbitration; Class Action Waiver; Jury Trial Waiver

• Except where prohibited by law, all disputes shall be resolved by binding individual arbitration under the Federal Arbitration Act.
• CLASS, MASS, CONSOLIDATED, AND REPRESENTATIVE ACTIONS ARE WAIVED.
• TO THE EXTENT A CLAIM IS FOUND NOT SUBJECT TO ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

27. Mass Arbitration Batching

If twenty-five (25) or more similar arbitration demands are filed by the same or coordinated counsel, claims shall proceed in batches of up to twenty-five (25), one batch at a time; remaining claims shall be stayed and statutes of limitation tolled during the stay.

28. Confidentiality of Disputes

All mediation and arbitration proceedings, settlement discussions, and related communications shall remain strictly confidential except as required by law, to enforce an award, or to seek injunctive relief.

29. Time Limit to Bring Claims

Any claim must be filed within one (1) year after the cause of action accrues, or it is permanently barred, to the fullest extent permitted by law.

30. Injunctive Relief and Court Venue

• Nothing in these Terms prevents either party from seeking temporary or preliminary injunctive relief in court to protect rights or prevent irreparable harm (including for misuse, scraping, circumvention, or IP).
• For any matter permitted in court, exclusive jurisdiction and venue lie in the state or federal courts located in DuPage County, Illinois, and the parties consent to personal jurisdiction there.

31. Insurance Notice and Cooperation

You agree to notify ProZpects promptly of any potential claim and to cooperate in investigation and defense. Failure to provide prompt notice may limit available remedies to the extent permitted by law.

32. Termination

We may suspend or terminate your access at any time for any reason, including violations of these Terms, to protect safety, or to preserve platform integrity. You may stop using the Services at any time.

33. Revisions to Terms

We may modify these Terms, pricing, subscriptions, or features at any time. Material changes will be posted with an updated Effective Date. Continued use after changes constitutes acceptance.

34. No Agency or Partnership

Nothing in these Terms creates any agency, partnership, joint venture, employment, fiduciary, or other special relationship between ProZpects and any user, coach, institution, or third party.

35. Severability

If any provision is held unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

36. Survival

Provisions regarding arbitration, mediation, confidentiality, jury waiver, limitation of liability, indemnification, data ownership, IP, and governing law survive termination.

37. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws principles.

38. Contact

• Legal notices: legal@prozpects.com
• Support: support@prozpects.com
• DMCA: dmca@prozpects.com
• Mail: Legal Department, 1230 North State Parkway, Suite 9B, Chicago, IL 60620
• Phone: 312-304-2816